Ethics Commission issues new subpoenas in Empower Texans inquiry

In an attempt to satisfy the concerns of a federal judge,
the Texas
Ethics Commission on Thursday voted to withdraw “overbroad” subpoenas
issued to Empower Texans and Michael
Quinn Sullivan and then immediately voted to issue new subpoenas. The new
requests for documents are said to be “narrower” in scope but TEC Chairman Jim Clancy did describe them as “comprehensive.”

Two weeks ago, Judge Sam
Sparks said the subpoenas issued in the case so far are asking for so much
documentation that they are “absurd.” Sparks did not say they are unconstitutional,
however. That is a very different question, Sparks said. Sullivan took the case
to federal court because he says his free speech and due process rights are
being violated by the commission.

The TEC, as QR readers know, is
looking into whether Sullivan has acted as an unregistered lobbyist and whether
his group – primarily financially backed by Midland oilman Tim Dunn – is acting as a political action committee without making
legally required disclosures. Judge Sparks said in no uncertain terms that the State
of Texas does have the right to determine who is a lobbyist and the
commission should be able to get its hands on documentation needed to make that
determination. He was frustrated that both sides in this dispute have not
reached an agreement about which documents will be produced. Sparks has yet to
rule on whether his court even has jurisdiction.

During the Ethics Commission’s meeting on Thursday, Sulllivan’s attorney Joe
Nixon argued that the new subpoenas are in no way narrower in scope. He
said the opposite is true. "This is a doubling down of the first
one," Nixon said. He speculated that it may be the commission’s intent to
cripple Empower Texans and keep the organization from doing its usual work. "You're
not allowed to do fishing expeditions," he said.